How do we settle a deceased person's estate if he left no will? 2 Answers as of October 28, 2014

The husband of a friend of mine recently passed away. After passing, my friend sold the home. He had 3 children from a previous marriage. One of his children is claiming that 1/2 of the sale belongs to his children. There was no will.

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The Law Office of Kimberly D. Moss
The Law Office of Kimberly D. Moss | Kimberly Moss
A deceased person who dies without a will is known as someone who died intestate. He is going to need a small estate affidavit if he left less than $50,000.00 in assets excluding his homestead and exempt property. If he left more property than that, he's going to need an administration of his estate. To answer your question about the proceeds of the home, it depends on whether or not the home was community property or separate property that was purchased before marriage. It also depends on whether or not all of the children are children of the deceased and the wife. I'd strongly recommend you advise your friend to consult with a local attorney so that this man's estate is handled properly.
Answer Applies to: Texas
Replied: 10/28/2014
Estrada Law P.C. | Michele Ungvarsky
Every state has "intestate" rules. These are rules for probating an estate if there is no will. Usually some of the estate is earmarked for children of the deceased. Please check with your local court for the rules and what needs to be done for intestate probate.
Answer Applies to: New Mexico
Replied: 10/28/2014
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